Terms & Conditions

What Parts of These Terms Apply to Me?

This agreement governs your use of the Quicko Payments mobile applications available on the Apple iOS Store and Google Play Store (Platform) and any other services made available through the Platform.

By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you (the User) and us, Quicko Payments Pty Ltd (the Company, we or us).

The remainder of this agreement is divided into three parts:

1. Part A (All Users) – terms that apply to all Users.
2. Part B (Merchants) – additional terms for Merchants (registered businesses offering goods and services).
3. Part C (Customers) – additional terms for Customers (registered individuals purchasing goods and services).

If you use the Platform as a Merchant, Part A and Part B apply to you.
If you use the Platform as a Customer, Part A and Part C apply to you.

Definition of Services

“Services” refer to account creation and use of the Platform to facilitate communication between Merchants, Customers, and our third-party payment facilitator (Payment Facilitator). Our Services do not include:

• Possession of funds
• Initiating or transferring payments
• Remittance services
• Designated services as defined by Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)

By accessing our mobile application from Apple App Store or Google Play Store, you agree to the respective End User License Agreements and Terms of Service.

Part A – All Users

1. Eligibility

1. This Platform is not intended for unsupervised use by persons under 18 years old or previously suspended users.
2. You must be:
   • Over 18 years old using the Platform personally; or
   • Using the Platform on behalf of someone under 18 with appropriate consent.
3. If representing a company, you warrant necessary authority and bind the entity to this agreement.

2. Accounts

1. Account registration required to access most Platform features.
2. Personal details required during sign-up.
3. Information provided must be accurate and up to date.
4. Social media login permitted.
5. Company reserves discretion to accept or reject Account creation.
6. Company may contact you regarding your Account activity.
7. Account can be suspended or cancelled for any reason.

3. User Obligations

1. Do not share your Account.
2. Use Platform solely for intended Services and lawful purposes.
3. Do not harm Company’s reputation or interests.
4. No automated usage or copying without consent.
5. Company may change Platform features without notice.
6. Information received via Platform is general and non-binding.
7. Account cancellation possible for breach.

4. Provided Materials

4.1 Warranties

• You are authorised to provide the content.
• Content is accurate and lawful.

4.2 Licence

• Company receives perpetual licence to use provided materials.
• You are responsible for maintaining records.

5. Service Interruptions

No liability for service interruptions or technical faults.

6. Identity Verification

• Identity verification may be required.
• Personal information handled per Privacy Policy.

7. Payment Facilitation Partner

• Payments handled by third-party Payment Facilitator.
• Company never handles customer funds.
• Payment flows bypass Company entirely.
• Refunds only processed via Merchant action.
• Company disclaims liability related to Payment Facilitator’s actions.

8. Service Limitations

• Errors, delays, inaccessibility, and security issues may occur.

9. Intellectual Property

• Company owns all Service Content and intellectual property.

10. Third-Party Content

• Company is not responsible for third-party content accuracy or quality.

11. Disputes Between Users

• Users must resolve disputes independently.
• Company may assist in resolving issues via mediation.

12. Security

You are responsible for protecting your devices against viruses or malware.

13. Disclaimer and Limitation of Liability

• Company’s role is limited to service facilitation.
• Liability capped to service fees paid in prior 3 months.
• Consumer law rights preserved.
• No liability for consequential losses.

14. Confidentiality

All platform communications are confidential.

15. Privacy

Use governed by Company’s Privacy Policy.

16. Collection Notice

Personal information collected for platform access and communication.

17. Notice Regarding Apple

• Apple is not responsible for the Services.
• Apple is a third-party beneficiary of this agreement.

18. Termination

• Account can be terminated at any time by Company or User.
• Provisions survive termination as needed.

19. Tax

You are responsible for taxes related to your transactions.

20. Record / Audit

Company reserves the right to retain transaction records.

21. Notices

Official communications will be via email.

22. General

• Governing Law: Victoria, Australia.
• Waiver must be in writing.
• Severability applies.
• Joint and several liability applies.
• No assignment without consent.
• Each party bears its own costs.
• This agreement is the entire agreement.

Part B – Merchants

1. Information and Eligibility

Merchants must provide requested information and meet eligibility criteria.

2. Fees

• Platform use is currently free.
• Advance notice provided before fees introduction.

3. Refunds

• Refund policies must comply with law.
• Merchants are responsible for all refund transactions.

4. Binding Contracts with Customers

Contracts with Customers are separate from Quicko Payments.

5. Warranties

• Merchants must provide services diligently and legally.
• Personnel must have clean records.

Part C – Customers

1. Fees

• Platform use is currently free.
• Advance notice provided before fees introduction.

2. Cancellations

• Company is not responsible for Merchant-initiated cancellations.
• Customers must contact Merchants for cancellation.

3. Linked Businesses

• Platform may link to third-party services without endorsement.

4. Binding Contracts with Merchants

Contracts with Merchants are direct and do not involve the Company.